DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6366)

INGRAMS AUSTRALIA PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 AUGUST 2021

Application for approval of the Ingrams Australia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Ingrams Australia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2021. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ingrams Australia Pty Ltd (Ingrams) applied to the Fair Work Commission for approval of a Union Collective Agreement (the Agreement) it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (the Union). Ingrams is a developer of the Queens Wharf Project (the Project), a significant development on the Brisbane River, which required the construction of a new bridge and the redevelopment of the existing Queens Wharf Casino and Entertainment Complex. The Union and Ingrams entered into the Agreement, which contained provisions for the construction of a new bridge over the Brisbane River. The Union submitted that the Agreement was appropriate for approval under the Fair Work Act 2009 (Cth). Ingrams submitted that the Agreement was appropriate for approval and that the Union was the appropriate bargaining representative of the relevant employees. The Fair Work Commission considered whether the Union was the appropriate bargaining representative of the employees, whether the Agreement was appropriate for approval, and whether it was in the interests of the employees. The Fair Work Commission found that the Union was the appropriate bargaining representative of the employees, and that the Agreement was appropriate for approval. The Agreement contained provisions for the construction of a new bridge over the Brisbane River, which was necessary for the Project. The Fair Work Commission found that the Agreement was appropriate for approval because it was in the interests of the employees. The Fair Work Commission approved the Agreement, subject to certain modifications. The Fair Work Commission found that the Agreement was appropriate for approval because it provided for the construction of a new bridge over the Brisbane River, which was necessary for the Project. The Fair Work Commission also found that the Agreement was in the interests of the employees because it provided for their health and safety, and because it provided for the construction of a new bridge over the Brisbane River, which was necessary for the Project. The Fair Work Commission approved the Agreement, subject to certain modifications. The Fair Work Commission approved the Agreement, subject to certain modifications. The modifications included the removal of certain provisions that were not necessary for the construction of the new bridge over the Brisbane River. The Fair Work Commission found that the modifications did not significantly alter the nature of the Agreement and that the Agreement was still appropriate for approval.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established